28th day of October 2024
CC 82/23 filed on 13/03/23
Complainants : 1) Nisa Simon, W/o Pullookkaran Veettil Simon
Sebastian, Plot No.38, Surabhi Gardens,
Chiyyaram Desom, Chiyyaram P.O.,
Chiyyaram Village, Thrissur – 680 026.
2) Davis (Minor)
3) Susan (Minor)
2nd & 3rd complainant Rep. by Mother Nisa Simon,
W/o Simon Sebastian, Pullookkaran House,
Surabhi Gardens, Plot No.3, Chiyyaram Desom,
Chiyyaram Village, Chiyyaram P.O.,
Thrissur – 680 026.
(By Adv. Saji Joseph, Thrissur)
Opposite Parties : 1) Dhanavyavasaya Bankers, Chettiyangadi,
Thrissur P.O., Thrissur Taluk, Thrissur – 680 001.
Partnership Firm. Rep. by Managing Partner,
Joy D Pananjeri.
2) Joy D Pananjeri, (Managing Partnmer,
Dhanavyavasaya Bankers), S/o Devassy, Pananjery
House, Vadookara Desom, Koorkkanchery Village,
Vadookara P.O., Thrissur – 680 007.
3) Rani, (Partner, Dhanavyavasaya Bankers),
W/o Joy D Pananjery, Pananjery House,
Vadookara Desom, Koorkkanchery Village,
Vadookara P.O., Thrissur – 680 007.
4) David, (Partner, Dhanavyavasaya Bankers),
S/o Joy D. Pananjery, Pananjery House,
Vadookara Desom, Koorkkanchery Village,
Vadookara P.O., Thrissur – 680 007.
5) Chacko, (Partner, Dhanavyavasaya Bankers)
S/o Joy D Pananjery, Pananjery House,
Vadookara Desom, Koorkkanchery Village,
Vadookara P.O., Thrissur – 680 007.
6) Reeja, (Partner, Dhanavyavasaya Bankers),
D/o Joy D. Pananjery, Pananjery House,
Vadookara Desom, Koorkkanchery Village,
Vadookara P.O., Thrissur – 680 007.
7) Binny David, W/o David Pananjery, Pananjery House,
Vadookara Desom, Koorkkanchery Village,
Vadookara P.O., Thrissur – 680 007.
8) Ashki Chacko, W/o Chacko Pananjery, Pananjery
House, Vadookara Desom, Koorkkanchery Village,
Vadookara P.O., Thrissur – 680 007.
(OP 1 to 8 Ex-parte)
O R D E R
By Smt. Sreeja S., Member :
The 1st complainant also represents her minor children complainant No.2 & 3. The 2nd to the 8th opposite parties requested the complainants to invest money with their 1st opposite party Partnership Firm and made believe them that the investment will fetch a decent interest and can be withdrawn at any time along with its interest. Also represented that the 1st opposite party has long standing goodwill and faith of the public. Hence she deposited an amount of Rs.20,000/- on 31/01/21, and deposited Rs.20,000/- on 31/01/21 and Rs.15,000/- on 04/04/22 in the name of complainant No.2 and Rs.20,000/- on 31/01/21 in the name of the complainant No.3 on condition that the deposit will yield 17% interest and can be withdrawn at any time with interest. The 2nd opposite party being the Managing Partner of the 1st opposite party issued individual receipt accordingly. The opposite parties paid the agreed interest till the month of May 2022 and defaulted payment thereafter. So she demanded the money back along with interest which was not honoured by the opposite parties. The opposite parties are bound to pay the money with interest and their act amounts to deficiency in service and unfair trade practice. Hence this complaint.
2) On receiving complaint, notice was properly sent to all the opposite parties. The opposite parties neither appeared nor filed their version. Hence set ex-parte.
3) The complainant appeared before this Commission and filed proof affidavit in which they had affirmed and explained all the averments stated in the complaint in detail. The produced documents were marked as Exts. A1 to A4. Ext. A1 is the Receipt dtd.31/03/21 for Rs.20,000/- issued by the 1st opposite party in favour of the 1st complainant (Original). Ext. A2 is the Receipt dtd.31/03/21 for Rs.20,000/- issued by the 1st opposite party in favour of the 2nd complainant (Original). Ext. A3 is the Receipt dtd.04/04/22 for Rs.15,000/- issued by the 1st opposite party in favour of the 2nd complainant (Original). Ext. A4 is the Receipt dtd.31/03/21 for Rs.20,000/- issued by the 1st opposite party in favour of the 3rd complainant (Original)
4) Points :
The case of the complainants is that she made different deposit with the opposite parties and Ext. A1 to A4 proves the same. The rate of interest recorded in Exts. A1 to A4 is 17% p.a. and period of deposit was 12 months each. Hence the complainants categorically established respective deposit made with the 1st opposite party. Since the original of the receipt produced before the Commission it is crystal clear that those deposits were not released by the opposite parties. Further the period of deposits was over. The non-payment of deposit money proved to be caused high mental agony and loss to the complainant. Since it affected fiscal need of the complainants and same need to be compensated by the 1st to the 8th opposite parties. Since there is no contra evidence before us, we are inclined to allow this complaint. Further, we made it clear that this Commission has please to allow IA 269/23 in the above case. We do order that the order made absolute in the interest of justice. Therefore we allow this complaint.
In the result, order in IA 269/23 made absolute and hereby direct the 1st to the 8th opposite parties jointly and severally to pay a total deposit money of Rs.75,000/- (Rupees Seventy five thousand only) along with 17% interest p.a. from 01/06/22 till realization and also the opposite parties are jointly and severally directed to pay an amount of Rs.50,000/- (Rupees Fifty thousand only) towards compensation along with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant within 30 days from the date of receipt of a copy of this order. Failing in which the cost and compensation would carry 8% interest p.a.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 28th day of October 2024.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainants’ Exhibits :
Ext. A1 Receipt dtd.31/03/21 for Rs.20,000/- issued by the 1st opposite party in
favour of the 1st complainant (Original).
Ext. A2 Receipt dtd.31/03/21 for Rs.20,000/- issued by the 1st opposite party in
favour of the 2nd complainant (Original).
Ext. A3 Receipt dtd.04/04/22 for Rs.15,000/- issued by the 1st opposite party in
favour of the 2nd complainant (Original).
Ext. A4 Receipt dtd.31/03/21 for Rs.20,000/- issued by the 1st opposite party in
favour of the 3rd complainant (Original)
Id/-
Member
